NORTHERN TERRITORY NATIONAL EMERGENCY RESPONSE ACT 2007 (NO. 129, 2007) - SECT 20 Sales of liquor for consumption away from licensed premises
NORTHERN TERRITORY NATIONAL EMERGENCY RESPONSE ACT 2007 (NO. 129, 2007) - SECT 20
Sales of liquor for consumption away from licensed premises(1) The Liquor Act has effect as if it included the following provisions of this section.
(2) A licensee of licensed premises commits an offence if:
(a) the licensee sells to a person (the purchaser ) in a single transaction a quantity of liquor containing a quantity of alcohol greater than 1,350 ml; and
(b) the licensee knows that the liquor is for consumption away from the licensed premises or is reckless as to whether it is for consumption away from the licensed premises; and
(c) the licensee has not complied with subsection (5) in relation to the sale.
Maximum penalty: 340 penalty units.
(3) An employee of a licensee of licensed premises commits an offence if:
(a) the employee sells to a person (the purchaser ) in a single transaction a quantity of liquor containing a quantity of alcohol greater than 1,350 ml; and
(b) the employee knows that the liquor is for consumption away from the licensed premises or is reckless as to whether it is for consumption away from the licensed premises; and
(c) the employee has not complied with subsection (5) in relation to the sale.
Maximum penalty: 60 penalty units.
(4) A licensee of licensed premises commits an offence if:
(a) an employee of the licensee sells to a person (the purchaser ) in a single transaction a quantity of liquor containing a quantity of alcohol greater than 1,350 ml; and
(b) the employee knows that the liquor is for consumption away from the licensed premises or is reckless as to whether it is for consumption away from the licensed premises; and
(c) the employee has not complied with subsection (5) in relation to the sale.
Maximum penalty: 170 penalty units.
(5) The licensee or employee complies with this subsection if, before making the sale, the licensee or employee:
(a) requires the purchaser to produce evidence of the purchaser's identity that is of a kind listed in subsection (6); and
(b) records the purchaser's name and address as specified in that identity document; and
(c) asks the purchaser where it is proposed that the alcohol will be consumed, and records the name or address of that place.
(6) The kinds of identification are:
(a) a passport; or
(b) a driver's licence issued in Australia; or
(c) a proof of age card issued by the Motor Vehicle Registry Office of the Northern Territory or a Motor Vehicle Registry Authority in that Territory; or
(d) some other form of identification determined by the Commission.
(7) It is a defence to a prosecution for an offence under subsection (4) if the licensee proves that the licensee took all reasonable steps to ensure that the employee was aware of obligations of employees under this section.